Legal Question in Real Estate Law in Georgia

Re: Partition action

There are two types of partition actions.

In one, the property would be sold and the proceeds divided among you, your co-owner and the lienholder. The lien is not an obstacle here. One other possible outcome would be that you or your co-owner would buy the other out, at a price set by the court.

In the other type of partition, the property is physically divided between the co-owners. In this situation, the lien remains on both parts of the property. This will allow the lienholder to foreclose on either or both parcels in the event of default.

There is also a possibility that any partition will trigger any applicable "due on sale" clause.

You should definitely consult an attorney before proceeding in this matter.

Re: Partition action

A partitioning is no affected by a lien. The lien will, of course, have to be dealt with, i.e, to figure out who is reponsible for it. This can be done by the judge, a jury or by an agreement of the parties. Consult with a local attorney.